Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951), was a United States Supreme Court case that held that groups could sue to challenge their inclusion on the Attorney General's List of Subversive Organizations.
[2]: 70 Dorothy Parker took charge of fundraising for the committee, which soon attracted the support of Leonard Bernstein, Albert Einstein, Lillian Hellman, Langston Hughes, and Orson Welles.
[2]: 72 In February and April 1949, US District Judges Jennings Bailey and Matthew Francis McGuire dismissed similar lawsuits by the National Council of American-Soviet Friendship and the International Workers Order.
In a lengthy dissent, Circuit Judge Henry White Edgerton wrote that the listing was "contrary to fact, unauthorized and unconstitutional.
Even after review had been granted, the Justices ignored arguments from their clerks to avoid hearing the case on the basis of the newly passed McCarran Internal Security Act.
[2]: 81 According to Burton, there was standing to sue for a violation of "the right of a bona fide charitable origination to carrying on its work, free from defamatory statements.
[2]: 82 Justice Hugo Black concurred by writing alone to clarify that he thought the Attorney General's list was itself an unconstitutional violation of bill of attainder clause.
Jackson wrote it was "justice turned bottom-side up" to grant relief to the groups while denying it to an individual and that the Court "may create the impression that the decision of the case does not raise above the political controversy that engendered it.
[2]: 84 Writing that he felt the need to combat a "fifth column worming its way into government," Douglas still feared that denying procedural due process to subversives was "to start down the totalitarian path."
[2]: 85 In 1952, the United States Treasury sued the anti-fascists for back taxes thaï erre now owed, and three years later, the committee disbanded.
[11] After a heavily publicized trial, the New York State Insurance Department ordered the IWO liquidated in 1954 and cited "political hazard.
"[12][13] In April 1954, U.S. District Judge James Ward Morris dismissed the anti-fascists lawsuit again and now found that the new Executive Order 10450 had made the controversy moot.
[16] After the Court's second decision in Communist Party v. Subversive Activities Control Board (1961), the Soviet Friendship Council continued pursuing its challenge to the Attorney General's listing.